EPR enforcement: businesses must prepare for stricter oversight

It covers the enforcement of the following regimes:

• Extended producer responsibility (EPR)
• The deposit return scheme
• Digital waste tracking
• Hazardous waste
• International waste shipments

The consultation focuses on the powers the EA will be granted under incoming amendments to its Enforcement and Sanctions Policy (ESP).

The Environment Act 2021 grants the EA an expanded range of civil sanctions to address non-compliance. These measures are designed to ensure maximum compliance with environmental regulations. With significant regulatory changes on the horizon, businesses involved in packaging production, waste management and international waste shipments must prepare for stricter oversight and potential penalties for noncompliance.

What does this mean for businesses affected by EPR?

For those within scope of EPR regulations, this consultation signals a clear move towards stricter enforcement and increased accountability. Businesses must ensure they have effective data collection & reporting processes in place to avoid potential sanctions.

Businesses should:

1. Understand how EPR impacts your business and how the new rules apply to your operations.

2. Establish and manage any obligations – identifying areas of exposure and ensuring the appropriate actions are taken to be compliant.

3. Audit current waste and recycling practices – identify areas for improvement to align with EPR or compliance requirements.

4. Staying informed on regulatory changes – being proactive rather than reactive will minimise future risk or exposure.

What is the environment agency doing?

Actively working to enforce compliance and improve the effectiveness of environmental regulations. A key part of its efforts involves reviewing Producer and re-processor submissions and where necessary requesting resubmissions.

To strengthen compliance, the EA is conducting on-site audits to assess whether businesses are adhering to their obligations. Additionally, the agency is focused on bringing non-compliant or unaware businesses (known as free riders) into the system.

An enforcement team is concentrating efforts to identify and pursue suspected free riders. This ongoing effort is seen to be crucial to maintaining fairness and accountability within the system.

The regulators are actively encouraging everyone to identify and report businesses they believe to be free riding.

Doing nothing about EPR is increasingly risky

Now is the time for companies to assess if their business is affected by EPR by taking professional advice.

Our experts have efficiently guided some of the UK’s largest Producers through compliance and their ongoing reporting. We are here to guide your business every step of the way. We will confirm your obligations and requirements so your business can make an informed choice on how it achieves compliance. Book a consultation with one of our experts now.